Terms of Use

Last Updated: January 31, 2015

ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES.

These Terms of Use (“TOU”) govern your use of www.MercerIslandArts.org and all related servers operated by MICA (collectively, the “Site”). These TOU also govern the products or services available through the Site, or made available by MICA through a third party web site (collectively, the “Services”). MICA reserves the right to update these TOU at any time without notice to you. When we do, we will also revise the “last updated” date at the top of these TOU. The most current version of these TOU can be reviewed by clicking on the “Terms of Use” hypertext links located within the Site. By accessing the Site or using the Services, you are consenting to these TOU.

USE LIMITATION.

No one may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works based upon, transfer, or sell any information, photos, data, products or services obtained from the Services, without the prior written consent of MICA in each instance.

DONATIONS OR PAYMENTS.

MICA may use third party service providers to handle donations or payments made through the Site. Your donation or payment transactions are subject to the terms and conditions of the applicable agreements and policies of such service providers, in addition to these TOU.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

DISCLAIMERS.

MICA AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR SERVICES FOR ANY PURPOSE. THE SITE AND SERVICES ARE PROVIDED BY MICA ON AN “AS IS” BASIS AND “WITH ALL FAULTS”. MICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

THE INFORMATION PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE SITE. MICA AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THE SITE AT ANY TIME.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL MICA AND/OR ITS AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

USER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MICA immediately of any unauthorized use of your account or any other breach of security. MICA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MICA or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Site or Services, you agree not to use the Site or Services for any purpose that violates any applicable laws or regulations, or that is prohibited by these TOU. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair any server that hosts the Site, or the networks connected to any such server, or interfere with any other party’s use and enjoyment of the Site or Services. You may not attempt to gain unauthorized access to other accounts or to any of the Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services.

MICA reserves the right at all times to disclose any information as MICA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MICA’s sole discretion.

MATERIALS PROVIDED TO MICA.

MICA does not claim ownership of the information you provide to MICA, including feedback or suggestions regarding the Site or Services (collectively “Submissions”). However, by providing Submissions you agree you are granting MICA a royalty-free, perpetual, sublicensable right to use your Submissions as MICA sees fit in connection with the operation of MICA’s business (including, without limitation, all Services).

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the representative below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. MICA’s copyright agent for notice of claims of copyright infringement on the Site is Jami Cairnes, who can be reached as follows

LINKS TO THIRD PARTY SITES.MICA MAY PROVIDE LINKS THAT WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICA AND MICA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICA OF THE LINKED SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE FROM IT.